If you work from the US remotely while you’re on B1/B2 visa (no residency in the US, spending couple of months only), are you obligated to pay income taxes in the US?

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Obv. I am not an immigration lawyer but I think if you are on B2 visa you are legally not allowed to work in the US.

likesmart

Wrong. Regardless of your employer you cannot perform productive work in the US on a B visa

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This is also why infosys was fined $35 million in 2013.

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Especially if the work involved is just coordinating/sending around emails or meetings

You aren’t allowed to meaningfully work in the US on this visa so there’s no mechanism for owing tax. I think you have to be in the US longer than 6 months to possibly owe income tax on foreign jobs.

So the employment is based in a different country and salary paid there; there is no income from the US. Pretty much is sounds like there is no reason why I should be paying taxes in the US?

This isn’t a tax question, it’s a question of whether it’s legal for you to work here - which it is not. They will ask you how you will support yourself for 2 months and if you say you’re working remotely - you will be turned around.

Exactly, not working in the US. It’s like being a foreigner, having a foreign based job. Just visiting the US for few months while working for the employer back home. Any income tax that might be due to the US?

No just be quiet

Assuming you are not paid in the US or as US based employee for tax purposes (you can find that language online) there are no tax implications

You aren’t allowed to work here even if only remotely while on any tourist visa. Even if you are employed by a foreign company and get paid into a foreign bank account. If they searched your bag and found work materials - you’d be turned around and possibly barred from entering for a number of years.

You cannot work on your B-1/B-2 status while you are in the US irrespective of where or who your employer is

likesmart

You can if you are not working for a US employer or paid in USD. There are no tax implications. What people are forgetting is B1/B2 is not only a visitor visa but also a business visa as well. People visiting their company offices for a conference also come on B1/B2 visas

Correct thats my understanding. I hv seen a lot of folks in consulting traveling to the US offices on B1/B2 visas and working. If you read the visa details for Business specifically it states what are the activities one can do on a B1/B2 visa.

Lots of misunderstanding going around about this. A B-1 allows you to come here as a visitor to engage in business meetings, attend trainings, go to conferences, etc. You cannot perform any productive work on the B-1. If you spend a lot of time here and then try enter again within a few months this could raise red flags and result in a cancellation of your visa. As for taxes, consult an accountant but I’m 90% sure the substantial presence test applies regardless of what visa status you hold.

No tax obligations for you in the US, but check with your employer if there is no internal policies related.

If you meet the substantial presence test, you would be considered as a US tax resident and in that case your worldwide income is taxable in the US.

Substantial presence test:
31 days during the current year, and
183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
All the days you were present in the current year, and
1/3 of the days you were present in the first year before the current year, and
1/6 of the days you were present in the second year before the current year.

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